Ambercreek - TEC-14-002BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
REQUEST FOR A ONE (1) YEAR
TIME EXTENSION ON THE
PRELIMINARY PLAT FOR
AMBERCREEK SUBDIVISION IN
ORDER TO OBTAIN THE CITY
ENGINEER'S SIGNATURE ON
THE SECOND PHASEOF A FINAL
PLAT, LOCATED IN SECTION 36,
TAN., RAW., MERIDIAN, IDAHO
BY: TRILOGY IDAHO
APPLICANT
CIC APRIL 22, 2014
CASE NO. TEC -14-004
ORDER OF CONDITIONAL
APPROVAL OF TIME EXTENSION
This matter coming before the City Council on April 15, and 22, 2014, upon the
Applicant's submittal of a preliminary plat time extension application for a one (1) year
extension within which to obtain the City Engineer's signature on the second phase of the final
plat for Ambercreek Subdivision, which preliminary plat was originally approved on February
26, 2006, as provided in Unified Development Code § 11 -6B -7C, and good cause shown. A two
(2) year time extension (TEC -12-006) was previously approved for this subdivision by the City
Council on April 17, 2012 and would have otherwise expired on March 23, 2014.
IT IS HEREBY ORDERED THAT:
The above named applicant is granted one (1) year, until March 23, 2015, within which to
obtain the City Engineer's signature on the second phase of the final plat, subject to the
conditions of approval as shown in the attached Staff Report for the hearing date of April
22, 2014, incorporated by reference.
ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION
FOR AMBERCREEK SUBDIVISION TEC -14-004
Page 1 of 2
Attached: Staff Report for the hearing date of April 22, 2014
By the action of the City Council at its regular meeting on the day of
,2014.
DATED this 1211: day of _ 2014
Mayor ap ny de Weerd
Attest:
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Jaycee„Holman, City Clerl��'
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Copy served upon the Applicant, Planning Department, Public Works Department, and City
Attorney.
BIS: vet,` Dated:
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ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION
FOR AMBERCREEK SUBDIVISION TEC -14-004
Page 2 of 2
EXHIBIT A
STAFF REPORT
Hearing Date: April 22, 2014
(Continued from April 15, 2014)
TO: Mayor and City Council
FROM: Bill Parsons, Associate City Planner
(208) 884-5533
SUBJECT: TEC -14-004 — Ambercreek
1. APPLICATION SUMMARY
C..�VI E II3I� It�N
The applicant, Trilogy Idaho, has requested approval of a one (1) year time extension to obtain the
City Engineer's signature on the second phase of the Ambercreek Subdivision.
2. STAFF RECOMMENDATION
Staff recommends approval of a one (1) year time extension to obtain the City Engineer's signature
on the second phase of the Ambercreek Subdivision to expire on March 23, 2015.
3. PROPOSED MOTION
Approval
After considering all staff, applicant, and public testimony, I move to approve File Number TEC -14-
004, as presented in the staff report for the hearing date on April 22, 2014.
Denial
After considering all staff, applicant, and public testimony, I move to deny File Number TEC -14-004,
as presented during the hearing on April 22, 2014, for the following reasons: (You should state
specific reasons for denial.)
Continuance
After considering all Staff, Applicant, and public testimony, I move to continue File Number TEC -
14 -004 to the hearing date of (insert continued hearing date here) for the following reason(s): (you
should state specific reason(s) for continuance)
4. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The subject property is located near the southwest corner of McMillan Road and Meridian Road
in the northeast 11/4 of Section 36, Township 4 North, Range 1 West,
B. Applicant:
Trilogy Idaho
2358 S. Titanium Place
Meridian, Idaho 83642
C. Owner:
Dyver Development
2364 S. Titanium Place
Meridian, Idaho 83642
Ambercreek - TEC -14-004 - 1 -
D. Representative:
Kent Brown, KB Planning
3161 E. Springwood Drive
Meridian, Idaho 83642
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
5. PROCESS FACTS
A. The subject application is a request for a preliminary plat time extension. Per Meridian City
Code, a public hearing is required before the City Council on this matter.
B. Newspaper notifications published on: March 24, and April 7, 2014
C. Radius notices mailed to properties within 300 feet on: March 20, 2014
D. Applicant posted notice on site by: April 4, 2014
6. LAND USE
A. Existing Land Use(s): The subject property is undeveloped, residentially zoned land.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Agricultural Land, zoned C -G and R-40
2. East: Amberwave Subdivision, currently in the development process
3. South: Ambercreek No. 1, zoned R-8
4. West: Cedar Springs Townhomes Subdivision, zoned R-15 and R-8
C. History of Previous Actions:
The annexation (AZ -05-055) and preliminary plat (PP -05-057) for Ambercreek Subdivision
were approved by the Meridian City Council on February 26, 2006. The preliminary plat
consists of 175 residential lots and 16 common lots. A development agreement was required
with the annexation of the property and recorded as instrument #106048481. In 2009, the
City Council approved a development agreement modification (MDA -09-001) to incorporate
elevations into the recorded development agreement (instrument #110064697).
® In 2006, several final plats (FP -06-017 and FP -06-027) were approved by City Council. The
first phase has recorded and the second phase has been approved by City but never recorded.
® Over the past several years, the property received approval for multiple time extensions (TE -
08 -016, TE -10-001, TE -10-022 and TEC -12-002).
7. UNIFIED DEVELOPMENT CODE
Per UDC 11-613-7A, approval of a preliminary plat shall become null and void if the applicant fails to
obtain the City Engineer's signature on the final plat within two years of the approval of the
preliminary plat.
Per UDC 11-613-7C, upon written request and filing by the applicant prior to the termination of the
allowed time period, the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up to
two (2) years as determined and approved by City Council may be granted. With all extensions, the
Director or City Council may require the plat to comply with current provisions of the UDC.
Ambercreek - TEC -14-004 - 2 -
EXHIBIT A
S. STAFF ANALYSIS
This is the fifth time extension requested for approval. The previous two-year time extension
approved by City Council has expired on March 23, 2014. The applicant has met the necessary
deadline by filing a written request for a time extension before the final plat expired. The applicant
states the development of the property was slowed due to the downturn in the housing market in 2011
and 2012.
With previous time extensions, the applicant has been required to comply with the most recent
requirements of the UDC. Those conditions remain in effect with the subject time extension. The
applicant must also comply with all previous conditions of approval for this site.
For informational purposes, the applicant is requesting to withdraw the approved second phase of the
final plat (FP -06-027) in order to receive approval of a smaller second phase. The applicant has
submitted the final plat concurrent with the subject time extension for Council's consideration. The
applicant has also coordinated with the Planning staff and ACRD to remove the road connection to
McMillan Road. Both ACED and the Planning staff support the removal of the roadway in lieu of a
micropath connection. To memorialize the change, staff recommends a new condition with the time
extension which requires a micropath connection to the McMillan Road sidewalk in lieu of the public
street connection with the third phase of development.
9. EXHIBITS
A. Drawings
1. Vicinity Map
2. Approved Preliminary Plat
B. Conditions of Approval
Ambercreek - TEC -14-004 -3 -
EXHIBIT A
A. Drawings
1. Vicinity Map
Vicinity Ma o 0.1 O.Miles
Print Date: 4/712014
Ambercreek - TEC -14-004 - 4 -
EXHIBIT A
2. Approved Preliminary Plat
Ambercreek - TEC -14-004 - 5 -
EXHIBIT A
B. Conditions of Approval
1. The applicant is to meet all terms of the approved annexation (AZ -05-055), development
agreement (instrument #106048481 and #110064697), preliminary plat (PP -05-057), final plat
(FP -06-017) and time extensions (TE -08-016, TE -10-001, TE -10-022 and TEC -12-002) for this
development.
2. With the third phase of development the applicant shall construct a 20 -foot wide micropath to the
5 -foot detached sidewalk adjacent to McMillan Road in lieu of the public street connection to
McMillan Road. Applicant shall also be required to construct a water main through this common
lot to connect the subdivision to the existing water main in McMillan Road.
The Applicant shall have one (1) year, until March 23, 2015, to obtain the City Engineer's
signature on a final plat for Ambercreek Subdivision No. 2.
Ambercreek - TEC -14-004 - 6 -
Bill Parsons
From: kent brown <kentlkb@gmail.com>
Sent: Friday, April 11, 2014 9:23 AM
To: Bill Parsons
Cc: Ted Baird; Bill Nary; Jacy Jones; Jaycee Holman; Machelle Hill; Shawn Brownlee
[Shawn@trilogyidaho.com] (Shawn@trilogyidaho.com); Justin Lucas
Subject: Re: Ambercreek TEC staff report for 04/15/14 CC MTG
Bill thanks for the Staff report. I have review the report and are in agreement with the staff report and we can
comply.
Kent Brown
On Fri, Apr 11, 2014 at 8:04 AM, Bill Parsons <bparsons@meridiancit�org> wrote:
Attached is the staff report for the proposed Ambercreek time extension application (TEC -14-004).
This item is scheduled to be on the Council agenda on 04/15/14. The public hearing will be held at
City Hall, 33 E. Broadway Avenue, beginning at 6:00 pm. Please call or e-mail with any questions.
Kent - Please submit any written response you may have to the staff report to the City Clerk's
office (iholmanCmeridiancitY org, mhill@meridiancity.org, and ijones@meridiancity.org) and
myself (e-mail or fax) as soon as possible.
Bill Parsons, AICP
Associate City Planner
Community Development Department
33 E. Broadway Avenue
Meridian, Idaho 83642
PHONE: (208) 884-5533
FAX: (208) 888-6854
bparsons@meridiancity.org